[Cite as Wilhelm v. Dunford, 2014-Ohio-484.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
RANDALL S. WILHELM JUDGES:
Hon. William B. Hoffman, P.J.
Plaintiff-Appellee Hon. W. Scott Gwin, J.
Hon. John W. Wise, J.
-vs-
Case No. 2013CA00088
CHRISTOPHER DUNFORD, ET AL.
Defendants-Appellants OPINION
NUNC PRO TUNC
CHARACTER OF PROCEEDING: Appeal from the Canton Municipal Court,
Case No. 2013CVG1454
JUDGMENT: Reversed and Remanded
DATE OF JUDGMENT ENTRY: February 10, 2014
APPEARANCES:
For Plaintiff-Appellee For Defendants-Appellants
CRAIG E. CHESSLER DOUGLAS C. BOND
803 Courtyard Centre Morello & Bond, Ltd.
116 Cleveland Avenue N.W. 700 Courtyard Centre
Canton, Ohio 44702 116 Cleveland Avenue N.W.
Canton, Ohio 44702
Stark County, Case No. 2013CA00088 2
Hoffman, P.J.
{¶1} Defendants-appellants Christopher Dunford and Kalli Young appeal the
April 8, 2013 Judgment Entry entered by the Canton Municipal Court which granted
default judgment against them in the amount of $10,370.10, and in favor of plaintiff-
appellee Randall S. Wilhelm.1
STATEMENT OF THE CASE2
{¶2} On March 8, 2013, Appellee filed a complaint against Appellants. The first
cause of action was for forcible entry and detainer. A second cause of action was to
recover money. The trial court scheduled a hearing on the complaint for March 18,
2013.
{¶3} On March 11, 2013, Appellants filed a document on a form apparently
prepared by the court or clerk and checked the box indicating “OTHER”, adding in
handwriting in the space provided “Stop Eviction, and lawsuits”. This was followed by a
handwritten section further explaining their request to stop the evictions.
{¶4} On March 18, 2013, Appellant Young filed notice of an updated address
for Appellants.
{¶5} On March 18, 2013, a Report of the Magistrate C.R.53 was filed which
indicated both Appellants had appeared at the hearing. Appellee voluntarily dismissed
his first cause of action and the second cause of action was continued.
{¶6} Appellee filed a Motion for Default Judgment on April 8, 2013. The proof
of service indicated a copy was sent to the Defendant(s) on April 9, 2013. Via
1
Appellee has not filed a brief in this appeal.
2
A rendition of the facts is unnecessary for our resolution of this appeal.
Stark County, Case No. 2013CA00088 3
Judgment Entry filed April 8, 2013, the trial court granted default judgment against
Appellants in the amount of $10,370.10. It is from that judgment Appellants prosecute
this appeal, assigning as error:
{¶7} “I. THE TRIAL COURT ERRED IN GRANTING DEFAULT JUDGMENT IN
FAVOR OF APPELLANT AFTER APPELLANTS HAD FILED A RESPONSIVE
PLEADING AND APPEARED IN THE CASE.”
{¶8} Civ.R. 55(A) states:
If the party against whom judgment by default is sought has
appeared in the action, he [or if appearing by representative, his
representative] shall be served by written notice of the application for
judgment at least seven (7) days prior to the hearing on such application.
{¶9} We find the record clearly demonstrates Appellants had appeared in the
action prior to Appellee’s Motion for Default Judgment. The trial court entered default
judgment the same day Appellee’s filed his motion, which is in violation of Civ.R. 55(A).
{¶10} Appellants’ sole assignment of error is sustained. The judgment of the
trial court is reversed and the matter remanded to that court for further proceedings.
By: Hoffman, P.J.
Gwin, J. and
Wise, J. concur